Case in Point: Trusts – Financial resource or asset|property for division?

The case of Harris & Dewell and Anor (2018) is interesting for us as family lawyers and those of you who work in financial services or have a role within a trust, be it as a beneficiary, trustee or appointor.

Determining whether a husband or wife’s interest in a trust will be considered by the Family Law Courts to constitute an asset or a financial resource has been litigated extensively in the past. Why? Because in each case the Court needs to determine...

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